Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1887-03-25
thA ~ shall forfeit III nay
stOr any ofk sdofe under asich void cpntrnc
SEC 55z. This net alall ke effect and he In
sforae frs,tn and aft eriIs passa;se. q IS. 45
3 Approved Match sth. 1887. s& NE p & I Rs

Approved Mateh sth. 1882 :5% & ;sl
Y An to ENABLE the owners at lanisfto drain
I anu seciH1ln them when the saalecanno be
Gone wlthout affssIinx the lands2of others.
/ sPiescrihing the powers and duties OF couasy
4 3eottimiss tonara and other officers in the prem
nient Of such drains and repealing certain acts
fthsrein sl,ecihad. and declaring an emergency
bs = enacted hr the Legislature or the State Of
i sEcTIoN1. That the hoard OF county commits
i aloherS 81 airy county shall have power. at any
Mns tns same shall pc eGnnclys 10 tug
! the same Will be Of Pm Tic benefit utility, TO
i cause to se5 constructed, AS hereinafter pro-
ysdsd. any ditch, drain or water course within
SEC 2 That before tue board Of commission
4 ers snail establish any ditch, drain sor water
sucn county q petition signed BY one ID Or more
OF tina land owners whose lands will be Ii ble to
% sanectea BY, or assessed for, the expense of
necessity thereof, with d general description Of
the proposed starting point, route and terminus
and such petitioner or petitioners shall give q
! lies, payable to the county, to be approved by
the auditor, conditioned to pay all expense in
ease the board OF commissioners shall fail to es
I tabiish said proposed ditch, drain or water
course and said petitionevsor petitioners shall
ne proof satisfactory to the board Of commits
senaea t 70 whom sac petition has been
| Shereof has been given before the session of said
nosru. at which such pstidiou ~ To, be heard by
POSING up notices N three l3l IT she most pub
| nc places IN each OF the towns through which
| such aatch IS proposed to be located and estab-
llshed And when the said board shall be satis-
hea e,, that al OF the foregoing conditions have
| neeu computed with, they SHE'LL either at such
| session OF said board, or At sueh other time rs
| may pc appointed by them mot later than thiIt
t Gays 3, thsresfter, proceed to hear and de-
! seIMlne such petition: and If such board shall
determine tnaC the construction OF such ditch
WIZ pc OF public benefit Or utility, or conducting
| 70 the public health. convenience OF welfare
! they shall accept such petition and appoiut
thIee t3) resident freehOlders OF the county, not
lnt e9 IN tile construction OF the proposed
| thereln, as viewers to moet Mt 81 time and place
speclnec by said board preparatory to COM
ioencng Their duties as hereinafter specified.
| DEC j. And it shall be the duty Of the aud
| ltor thereupon to Issue to said viewers certi-
hed copy OF tue petition and order OF the board,
VINO shall proceed, at the time set in SAID order,
WIN surveyor, who shall be a civil engineer,
ana Snail make an accurate survey Of the line
| OF SAID ditch. drain or water course from its
source TO It's outlet: and they shall cause stakes
! or monuments to be set along said line, uum-
| percd progressively down stream, at each one
hcnclred tlOO] feet; and they shall make COM
puta5lon OF the mum Der of cubic yards OF earth
! 70 pc eXcavated aud removed from said ditch,
grain or water course, between each Of the one
hundred ilOo) foot stakes, and the estimated
cost per cubic yard for The removal thereof, and
| snan sum up tie total number of cubic wards
! OK earth to be eScavated and removed for the
ent1re length of said ditch. drain or water
COURSE and all estimate OF the total cost OF lay
| Ing out, establishing and construction OF tho
whole work. And they shall, in tabular form,
give the depth OF cut, width OF the bottom. and
width at The top, at the source, outlet. and at
each one hundred (lO0) foot stake OR monument
( OF said ditch, drain wafer course: and they
shall specify the time and manner in which the
work shall be done; and they shall have power,
where they find it necessary, to provide for run
ming said ditch under ground. through drain
tiles or other materials as they deem best, by
Ei9n ySH l-isNJ IL 1%l,o
material to be used in such underground work
and shall estimate the COST of the same AS part
! Of the total cost Of the work. And they shall
| Tile With their report an account Of the names
I! OF che labcrers and the time each was employed
by them, and every other item of expense by
them incurred in and about said work and shall
hle their reports with the auditor. after having
subscribed and sworn to the same
SEC 4 And the said viewers shall. in tabu-
tract OF land to be benefited or damaged. The
description oe each tract benefited or damaged
! lsa1d names oi owners and descriptions to lie
the same az appears on the county tax dupli-
Gates OF said countv), and the total number Of
acres in each o. said tracts the estimated num-
Der Of acres in each Of said traccs Of land to he
benefited or damaged las the may be-, aud
the amount that each tract of land will be bene-
fSed or damaged by the construction OF said work
When any ditch, established under this act,
drains. either in whole or in part, any public
Or corporate road, railroad, benefits any ot
such roads, that the roadbed or travelled
track OF any such road viii be made better by
the construction OF such ditch, the viewers
snail estimate the beueits arising therefrom
10 such roads roadbeds or railroads, and report
sald Dement'S thames OF roads, etc, and amounts
Of benefit TO eachl, as part OF their tabular
statement provided for in this section; and they
shall also report the total estimated benefits aod
also whether or not, In their OPINION the esti-
mated expense of 5ho construction of such ditch
including the damages awarded therefor are
greater Than the utility OF the proposed ditch,
or that the construction of such ditch is I'M
practicable for any reason. stating the reason
why 1t should not be constructed.
SEC. g. All lands benefited by 3 public ditch,
drain or water course, and all public or corporate
roads, or railroads, SO benefited, in whole or IN
part. shall be assessed in proportion to the bone
hts for the construction thereof, whether said
ditch passes through said lands or along or near
the line Of such roads or railroads, or not, and
the viewers, IN estimating the benefits to lands,
roads or railroads not traversed by said ditch,
shall not consider what benefits such lands
roads or railroads will receive after some other
ditch OF bitches shall be constructed; but only
the benefits chat will be received by reason Of
the construction OF the public ditch, as it affords
an outlet for the drainage OF such lands. roads
railroads.
SEC. i. In locating public ditch, drain or
watrr course, the viewers may vary from the
line described in the petition they deem best
provided they commence the dit CHI at or near the
point described in the petition, and follow down
the line therein described Near as practicable
In all cases in which the route proposed is along
highways already established, the viewers shall
locate the ditch at sufficient distance from the
center OF such highway as to admit Of q good
road along the central line thereof: the earth
taken from the ditch shall be so placed upon the
roadway as to form a turnpike, and no nearer to
the margin thereof than two (2) feet; but in
locating d drain as above the viewers shall not
materially depart from the terminal points de-
there is not sufficient fall in length in the route
described in The petition to drain the lands ad-
Jacent thereto, they may extend the ditch below
the outlet named in the petition far enough, not
exceeding one-haf (1e) mile, 10 obtain sufficient
fall and outlet. Aud when it will not be- detri-
mental 10 this usefulness of thu whole work they
S1pn frp tfro1Nl la Jt,Synf
division lines between lands owned by different
persons; and they shall, far as practicable,
avoid having the same aiagonallv across the
lands. bat they must not sacrifice the general
utility Of the ditch to avoid diagonal lines And
all persons whose lands may be affected by said
ditch may appear before said vte;sers land be-
fore the board OF county commissioners, at
which hearing may be had ON such matter),
and fully express their opinions on all matters
pertaining thereto.
Sec. Z. Said viewers may, after having met
at the TIME and place specified in the order
issued to them by the auditor, proceed irnrue-
diately to perform their said duties, or adjourn
from time to time, as best suits their couven-
lence, and file their report with the auditor at
least four al weeks before the next regular or
held after the lapse Of ninety 900 days from the
date of the appointment OF viewers; provided,
the water be high, the weather Indictment,
shall not be compelled hor required TO file
their report until at least four IA weeks before
the second ED session of said board, to be held
as above stated; but their report must then state
the reason for such posIp0nenlent. 49,. g.
SEC. 8. It shalt be the dut y OF the auditor,
said report being flied, to cause notice to be
given by publication for three 80 successive
weeks in q newspaper printed and published in
said county. and posting printed copies thereof
in three 81 public places IN each township where
the proposed work Is located. and one at the
door Of the court house in said county, Of the
tendency of said Potion. and of the time set for
the hearing thereof, which notice shall briefly
state where said ditch commences at its source,
through whose land it passes. and where it
terminates at the outlet, together with the
names OF the owners OF the lands that Will ba